Justice and Correctional Services Minister Ronald Lamola has lambasted Israel for failing to refute South Africa’s genocide case before the International Court of Justice at The Hague in Netherlands on Friday.
Addressing the media outside the ICJ, Lamola said in court the Israel legal team argued that the statements by Israeli politicians were merely rhetorical. He added proclamations made by senior Israeli politicians and their Prime Minister Benjamin Netanyahu were inciting attacks on Palestinians cementing that the country stands by law and facts regarding Israel’s actions in Gaza.
“South Africa’s case before this court is a simple one. Under the Genocide Convention nothing justifies genocidal acts currently being committed by Israel. Self-defense is no answer to genocide. There is no balancing exercise Israel has sought to suggest. The prohibition is absolute,” Minister Lamola argued rejecting Israel's defence that 'genocidal' quotes do not inform government policy.
Gilad Noam, Deputy Attorney-General for International Law at the Ministry of Justice of the State of Israel asserted that South Africa failed to demonstrate a frank disagreement between the two states and did not create prima facie rights deserving shield.
“It's unrealistic to say Israel is not a moral country and has suddenly become a genocidal state hellbent on the extermination of the Palestinian people,” Noam said.
South African legal team received thumbs up from different states who are against Israel tendencies of marginalising Palestinians as they presented their arguments at The Hague, Netherlands-a continent away from the war in Gaza accusing Israel of subjecting the Palestinians to genocide.
In solidarity to Palestinians, a statue of the late freedom fighter Archbishop Desmond Tutu wearing a special Palestinian scarf was unveiled at the Old Granary building in Cape Town on Friday.
The ceremony was attended by Archbishop Desmond Tutu Trust chairperson, Mamphela Ramphele, Desmond and Leah Tutu Foundation CEO, Janet Jobson, and Nelson Mandela's grandson, Mandla Mandela who are part of an ongoing protest against Israel's war on Gaza.
Jobson said: “Today we've draped the statue of the Arch in a Palestinian scarf that was specifically designed for the African continent and it's known as the Mandela flag and is produced in a factory in Gaza. We think it's incredibly important in our acts of solidarity to stand firmly with the people of Gaza.”
Led by Minister Lamola adhering to SA President Cyril Ramaphosa's mandate, the two-day hearing will forever be remembered as one of the most momentous autopsy to be heard in an international court, especially being tabled by Africans shielding Palestinians.
“The violence and the destruction in Palestine and Israel did not begin on the 07th of October 2023. The Palestinians have experienced systemic oppression and violence for the last 76 years. On the Gaza Strip, at least since 2004, Israel continues to exercise control over the airspace territorial, waters land crossings, water, electricity and civilian infrastructure,” said Lamola
President Cyril Ramaphosa and his administration launch a case at the International Court of Justice (ICJ) against Israel seeking binding preliminary orders to compel Israel to stop its military campaign in Gaza, in which more than 23,000 people have died, according to the health ministry which is run by Hamas.
Adv Tembeka Ngcukaitobi said the scale of destruction in Gaza, the targeting of family homes and civilians, the war being a war on children, all make clear that genocidal intent is both understood and has been put into practice.
He further said the articulated intent is the destruction of Palestinian life.
“What state would admit to a genocidal intent? Yet the distinctive feature of this case has not been the silence as such, but the reiteration and repetition of genocidal speech throughout every sphere of the state in Israel,” Adv Ngcukaitobi said.
South African lawyer Adila Hassim told the judges and audience in the packed, sumptuous chamber of the Peace Palace in The Hague that nothing will stop the suffering except an order from ICJ.
“Genocides are never declared in advance, but this court has the benefit of the past 13 weeks of evidence that shows incontrovertibly a pattern of conduct and related intention that justifies as a plausible claim of genocidal acts,” she said.
Ambassador Vusi Madonsela, said the international system failed to prevent genocide in Gaza. He further said Israel has disposed Palestinians of their land.
“In our application, South Africa has recognized the ongoing Nakba of the Palestinian people through Israel’s colonization and their internationally recognised right of return as refugees to their towns and villages in what is now the state of Israel,” he uttered.
Minister Ronald Lamola Addressing the media outside the ICJ.
ANC MP Mandla Mandela leading to the front emulating his grandfather political icon Nelson Mandela.
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